Florida Injury Lawyer Blog

Fatal Pedestrian Accident in Cape Coral Kills 15-Year-Old Girl

October 18, 2011 | Associates and Bruce L. Scheiner

A recent pedestrian accident in Cape Coral took the life of a 15-year-old girl. Taylor Palmer and two friends were crossing Pondella Road just before 8:00 a.m. The young girl was transported to Cape Coral Hospital and died just a few hours later, according to the Cape Coral Daily Breeze.

According to officer’s accident reports, the three young girls were crossing from the north side of Pondella to the south side. The motorists stated that the three girls just “suddenly appeared.”

Our Cape Coral pedestrian accident attorneys understand that young pedestrians face serious risks for traffic-related accidents on our roadways. As we recently reported on our Florida Injury Lawyer Blog, the number of pedestrian fatalities on Florida roadways rose nearly 4 percent from 2009 to 2010. Our state is still listed as the most dangerous state in the country for these types of accidents. As the school year gets underway, motorists are urged to keep a watchful eye out for young pedestrians heading to and from school. Many of these young walkers are unable to understand the functions and the risks associated with traffic flow. For this reason, we are asking that all motorists be extremely careful when traveling near school zones, residential neighborhoods or near school start and end times.

Of the three girls crossing Pondella, two were able to make it out of the way in time. Unfortunately, the third was not. She was struck by the front of the vehicle and way tossed onto the car’s hood and windshield.

“The traffic homicide investigation continues,” said Lt. Larry King, spokesman for the Lee County Sheriff’s Office.

Officers do not believe that the driver was under the influence of alcohol or any type of drugs at the time of the incident. The names of the two other girls were not released after the accident.

In 2008, there were nearly 500 pedestrian fatalities in the state of Florida. During this time more than 11 percent of pedestrian fatalities and more than 17 percent of bicyclists that died in the U.S. died on Florida roadways. This statistic is even more alarming when you consider that the state only holds about 6 percent of the entire country’s population.

According to the National Highway Traffic Safety Administration, children between the ages of 5- and 9-years-old accounted for about 20 percent of all of the pedestrians who were killed in traffic-related accidents in 2009. Children under the age of 16 accounted for nearly 10 percent of the pedestrian fatalities that occurred during this same time.

Requirements of pedestrians and nearby drivers, according to the Florida Department of Transportation:

-Where sidewalks are provided, no pedestrian shall walk on any part of the roadway.

-Where there are no sidewalks, pedestrians should only walk on the shoulder of the left-hand side of the roadway facing oncoming traffic.

-No one should ride any coaster, toy vehicle or ride on skates on the roadway unless crossing the street using a crosswalk.
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Officials Looking into Banning Sign Shakers to Help Prevent Distraction-Related Car Accidents in Cape Coral

October 17, 2011 | Associates and Bruce L. Scheiner

A recent car accident in North Naples landed a 27-year-old driver in jail on a $500,000 bail after allegedly hitting and killing a roadside sign holder and then fleeing the scene, according to Marco News.

In addition to the charge of failing to remain at the scene of a fatal crash, the man has also received a charge of DUI causing death. He denies the charges. The accident happened at Shirley Street and Pine Ridge Road. The sign holder was employed through a nearby restaurant.

The driver in the accident is employed with a local flooring company. The sign holder was a resident of Naples for 14 years. Florida Highway Patrol officers were able to stop and apprehend the driver later on after a witness of the accident followed the man’s vehicle and notified officers. The hit-and-run driver was in a Porsche Cayenne. When officers were questioning the man, he told them that he had hit a stop sign and not a person.

Our Charlotte County car accident attorneys understand the incident has the Cape looking to consider placing a ban on all roadway sign holders. These individuals are being accused of being distractions to drivers and increasing the risks of accidents in areas flooded with these advertisers.

Sign-shaking has become a popular form of advertisement in the Southwest Florida area. If there are businesses around, you’re sure to find someone shaking a sign. They may soon disappear from the City of Cape Coral though as officials are worried about roadway safety.

Brian Clemens, a Cape Coral resident, is thankful for his sign-shaking job. He lost his job and picked this one up to help put food on the table. He works for about four hours a day for about 5 days a week, shaking his sign on the corner of Del Prado Boulevard and Hancock Bridge Parkway. He spends his time trying to turn drivers into customers, according to NBC2.

“Try and get their attention,” Clemens said.

That phrase is what scares officials. Drivers are taking their attention off of the roadway and focusing on these signs. There are sign shakers on nearly every major roadway in the Cape.

Danny Castellanos is another Cape resident who lists his job title as a sign shaker. He tries to lure customers into the “We Buy Gold” store. He spends eight hours a day, six days a week, fighting for the attention of drivers.

If the Community Redevelopment Agency gets its way, these shakers could soon be out of a job.

“You hate to take a job from anybody but you don’t want to put them in harm’s way,” said John Jacobsen, CRA Executive Director.

The Cash for Gold store could have to potentially get rid of 25 employees if the ban goes into effect. Many of the companies say that they wouldn’t be able to survive without this form of advertising as it’s the most some can afford nowadays.

The only problem with this ban is that sign carrying is a First Amendment right, so there may only be so much that the city can do to stop the distracting ads.
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‘Heads-Up Driving Week’ Comes to Florida to Help Prevent Car Accidents in Fort Myers and Elsewhere

October 8, 2011 | Associates and Bruce L. Scheiner

Distracted driving-related car accidents in Fort Myers are a hot topic among residents, law enforcement and government officials in our area. There’s even a Stop Distracted Driving Facebook page for the city of Fort Myers. Even with all of this awareness about this dangerous driving behavior, we still see about a third of all drivers engaged in distracting diversions.

To help to promote awareness about these dangers, the AAA Foundation for Traffic Safety launched the third-annual “Heads-Up Driving Week.” Our Naples car accident attorneys would like to ask all residents to join the week-long event from October 2nd through the 8th and make the pledge to curb all distractions while operating a motor vehicle. Distracted driving-related car accidents took the lives of roughly 5,500 people in 2009. All of these roadway deaths could have been prevented with better driver attention.

It’s no secret that we all have a lot to do and that multi-tasking is a regular activity. But what’s most important is the need to focus on driving while on our roadways. Every single day, there are roughly 8,000 traffic accidents in the United States alone because of distracted drivers.

Distracted driving facts:

-Drivers typically spend more than half of their time behind the wheel engaging in distractions while also navigating our roadways.

-There were more than one million people killed in car accidents over the last 25 years in the country. Roughly 33,750 people were killed in 2010 alone. Experts blame the increase on the advancements in technology and in driver distractions.

-Using a cell phone while driving makes you more than four times more likely to experience a serious crash.

-Common driver distractions include smoking, listening to music too loudly, eating, slowing down to look at traffic accident scenes, making phone calls, text messaging and interacting with passengers.

-Passenger-related distractions were reported as the number one contributor to distraction-related accidents on our roadways.

According to AAA’s Traffic Safety Culture Index, nearly 95 percent of surveyed drivers said that they view emailing and texting behind the wheel as a driving behavior that is completely unacceptable. Nearly 90 percent of these same drivers reported that they completely support laws aimed to regulate or to completely ban the behavior. Still, about a third of them report that they’ve engaged in this driving behavior at least once within the last month.

This is the “do as I say, not as I do” complex, a common behavior of some drivers. We want drivers to practice safer habits on our roadways but refuse to make the changes within ourselves first. We ask that Florida drivers give this week-long pledge a try. You might just enjoy distraction-free driving, and will be able to truly feel the safety of alert driving habits. Urge your friends, family and coworkers to take the pledge with you.
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Car Accidents in Florida Rank as Number One Cause for Work-Related Fatalities

October 7, 2011 | Associates and Bruce L. Scheiner

Car accidents in Florida were the number one cause of death for on-the-job fatalities in both 2009 and 2010, according to the Bureau of Labor Statistics. In 2010, Florida experienced more than 200 work fatalities, nearly half of which were caused by work-related traffic accidents. To help combat this problem, the Network of Employers for Traffic Safety (NETS) joined forces with the U.S. Department of Transportation for another Drive Safely Work Week (DSWW). This year’s campaign has been titled “Focus 360°: Getting there safely is everyone’s business.” This year’s event is ongoing this week, from October 3rd to the 7th.

Our car accident attorneys in Fort Myers, Naples and Port Charlotte understand that distracted driving-related car accidents have been a popular topic of conversation in the state recently. Distracted driving affects everyone on our roadways. As motor-vehicle accidents continue to be the top cause of death for work-related fatalities, these two organizations continue to push for cell phone-free work places. No phone call or text message is worth risking someone’s life on our roadways.

This campaign affects everyone on our roadways, whether you’re a passenger, a driver or a cyclist. There is something that we can all do to make travel safer. We ask you to practice safe and distraction-free driving habits to help set a good example for your loved ones, other motorists and your coworkers.

In Florida, transportation accidents took more lives of employees in 2010 than falls, fires, explosions, assaults, violent acts or any other type of work-related accident.

“Employers have the potential to reach up to one-half of the nation’s population, and their support in our fight to stop distracted driving is crucial.” Ray LaHood, U.S. Secretary of Transportation.

For this year’s campaign, organizers are suggesting the following:

-Consider creating and enforcing a cell phone policy for your company to help reduce the risks of these types of accidents.

-For employers who already have a policy, consider sharing tips and creating activities to help enforce the current policy.

-Employers who are not interested in creating a cell phone policy are still urged to talk with employees about the risks, the dangers and the consequences of distracted driving.

Distractions have the ability to take a driver’s attention off our roadways and to increase everyone’s risk for a motor-vehicle accident. In 2010, these types of accidents killed roughly 5,500 people on U.S. roadways. Nearly 500,000 others were injured in these accidents. Drivers who use a cell phone behind the wheel are four times more likely to be involved in a serious traffic accident. Recent statistics conclude that about a fourth of all accidents were caused by a distracted driver.

During the 2010 campaign, there were approximately 5,000 participating organizations. Of those who participated, nearly 90 percent now have some type of corporate cell phone policy We encourage you to join this year!
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Lee County Proudly Supports International Walk to School Day to Raise Awareness about Pedestrian Accidents in Fort Myers

October 3, 2011 | Associates and Bruce L. Scheiner

October 5th is International Walk to School Day and many schools in the area are joining the festivities to help raise awareness about child pedestrian accidents in Fort Myers and elsewhere.

This event started back in 1997 when the Partnership for a Walkable America sponsored the first National Walk Our Children to School Day in Chicago. When the walk was first started, it was used as a way to bring together children with local leaders in an effort to raise awareness about the need to more pedestrian-friendly streets.

As the event progressed year by year, so did its popularity. In 2002, the highest record of participation was tallied at roughly 3 million. This year, schools and leaders in every state have held events to help push the campaign.

Our Fort Myers child injury attorneys hope that you and your family will participate in this year’s event. This event is also used to help rally for federal funding to make our roadways safer for pedestrians. In 2005, new legislation was passed that would allow states to apply for this type of federal funding. Unfortunately, far too few dollars are aimed at pedestrian safety — despite the fact that Florida is among the most dangerous states in the nation when it comes to serious or fatal pedestrian accidents.

The following schools in our area are participating in this year’s events:

–Orangewood Elementary School: Students will be asked to wear their Orangewood T-shirts and are asked to meet Jefferson Park and walk to school so that all students can practice safe walking habits.

–Bayshore Elementary School: This is the third year that this school has participated n the event. During this year, local sheriff’s departments, parents, sponsors and teachers will be walking to school with students.

–Tommie Barfield Elementary School: The school will be asking students within a reasonable distance to walk to school on the 5th.

–Orange River Elementary School: This school will be sending home flyers with students to encourage all student pedestrians to wear their Orange River T-Shirts. These students will be asked to gather in a designated spot located just down the road from the school. Staff members will be joining them as well on this walk.

–Tanglewood Elementary School: Tanglewood will be showing an educational DVD during PE classes for 4 days. In the fall, the school also has a walking program. During the winter, the school has a biking program. PE class is used to practice skill and drills for two weeks. Lastly, Tanglewood organizes a walk to school day and bike to school day/RODEO.

“We can make a difference right here at home, we can make our streets safer,” said Michele King, Director of the Child Advocacy Program at the Children’s Hospital of SW Florida.

How officials can help to keep our child pedestrians safe on our roadways:

-Provide well-maintained a safe areas for pedestrians to walk that are separated from motor-vehicle traffic.

-Teach young pedestrians how to safely cross the street.

-Reduce speed limits in school zones and in neighborhoods.

-Ensure that sidewalks meet national accessibility standards.

-Make sure that all intersections and mid-block crossings have curb ramps.

-Install pedestrian signals at all intersections.
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Pedestrian Accidents in Florida Continue to Concern Fort Myers Accident Lawyers

October 3, 2011 | Associates and Bruce L. Scheiner

Our Fort Myers car accident attorneys thought you might be interested in the 2010 Florida Traffic Crash Statistics Report, recently released by the Florida Department of Highway Safety and Motor Vehicles. One of the more alarming statistics cited in the report are the increased number of pedestrian deaths, which rose more than 3.5 percent since 2009. This statistical rise will assuredly keep Florida in the number one spot as the deadliest state for pedestrians.

Julie Jones, executive director of the department, also points out the following highlights of the report:

-Deaths related to traffic crashes on Florida roads have declined by 4.6 percent between 2009 and 2010.

Inexperienced Passengers on Motorcycles at Risk of Serious Injury When Involved in a Naples Motorcycle Accident

October 2, 2011 | Associates and Bruce L. Scheiner

Florida’s Department of Highway Safety and Motor Vehicles Executive Director Julie Jones has announced that motorcyclist and passenger deaths declined between 2009 and 2010 by 4.7 percent. This information is contained in the 2010 Florida Traffic Crash Statistics Report, released in August.

Our Fort Myers motorcycle accident attorneys point out that if you combine the number of motorcyclists killed with the number of motorcycle passengers killed, there is about a 5 percent decline. However, if you separate these numbers, motorcyclists killed dropped by almost 7 percent while motorcycle passenger deaths rose by a staggering 26 percent. Motorcycle crashes are a frequent topic on our Florida Injury Lawyer Blog, which is why the 26 percent increase in motorcycle passenger deaths is alarming.

Other motorcycle statistics in the report include: the number of crashes from 2009 to 2010 declined by almost 10 percent; motorcycle operator injuries dropped by 10 percent; and motorcycle passengers injured fell by almost 5.5 percent.

Drunk Driving Accidents a Concern in Lee County, Averaging More than One a Day in 2010

October 1, 2011 | Associates and Bruce L. Scheiner

In the news recently is the pending sentence that will be handed to a civic leader and former attorney after pleading guilty to a drunk-driving accident that killed a 61-year-old motorcyclist in October 2009.

13 News reports a tape was played during the sentencing hearing that voiced the drunk driver admitting to a state trooper that he drank half a bottle of vodka during a Florida Gators football game before driving home. The former defense attorney turned himself, but the prosecution is requesting the driver spend 12.5 years in prison. Supporters stood in front of the judge professing the good deeds that the defendant has done in the community and his many charitable contributions to help others in hopes of reducing the sentence.

Sebring drunk driving accident attorneys know that no amount of money or donations can equate to the value of taking a person’s life. Drunk drivers must get a fair trial and if guilty be punished to the full extent of the law, even when they are in the public eye.

NOYS’ 2011 Summit to Help Reduce Risks of Teen Car Accident in Cape Coral, Fort Myers

September 25, 2011 | Associates and Bruce L. Scheiner

The 2011 Distracted Driving Summit will be held this year on October 17th in Washington D.C.. This is an important event that helps to reduce the risks of car accidents in Lee County and elsewhere. This year’s event is being put on by the National Organizations for Youth Safety (NOYS) and was made possible through funding from AT&T. NOYS is a firm believer that these types of programs have the ability to make a significant and positive impact on young drivers and for this reason they continue to push the issue on leaders across the nation.

Our Cape Coral car accident attorneys understand just how important these types of events are. It’s not been long ago since Cape Coral was ranked the most dangerous city of its size in the nation for teen car accidents. Our newly-licensed teen drivers are oftentimes unaware of the hazards and they lack the experience to effectively deal with dangerous driving situations. They’re also likely to underestimate the dangers of distracted driving. With the proper driving education, we can help to ensure the safety of our teens on Florida roadways.

The 2011 Teen Distracted Driving Summit will include:

-The commencement of the new 2011 and 2012 NOYS Teen Distracted Driving Prevention Team (TDDPT). This team consists of 40 leaders and 10 advisers.

-Sponsorship opportunities.

-A TDDPT workshop and training session that will be conducted by a safe-driving expert organizations and companies.

-Presentations by national leaders from the Centers for Disease Control and Prevention and from the U.S. Department of Transportation.

-Booth opportunities for those who wish to showcase products, programs and educations resources.

The organizers of this event also ask that parents get involved. They ask that parents make sure to reiterate the dangers of distracted driving and simple ways to improve safe driving habits. They’re also asked to make sure that the vehicle that their teen is driving is well-maintained and that teen understands how to keep it in that condition all year long. Talk with teens about the importance of properly maintaining a vehicle.

NOYS offers you and your teen a vehicle checklist to help ensure that you teen’s vehicle is running smoothly and that all is in order.

Car accidents are the number one cause of death for teens in our country. With the proper education and supervision from parents, we can all do our part to help turn this statistic around. As a matter of fact, distracted driving car accidents account for a third of all reported accidents every year. According to distraction.gov, approximately 5,500 people were killed on our roadways in 2009. About 1,000 of these fatalities were the result of a traffic accident that reported the involvement of a cell phone-using driver.

More specifically, drivers under the age of 20 make up the age group with the greatest proportion of distracted drivers. Roughly 20 percent of all of these young drivers were involved in a fatal distracted driving-related accident.
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Toyota Studies Top Causes for Senior and Teen Car Accidents in Fort Myers, Nation

September 25, 2011 | Associates and Bruce L. Scheiner

Newly-licensed drivers typically think they’ve got the whole driving thing down pat. According to a recent study, more than 90 percent of young drivers believe that their driving abilities are better than a majority of other drivers. Problem with that is that it’s not true!

Psychologists say they have “illusive superiority,” meaning they have a bias that causes them to overestimate their abilities. This also means that they underestimate their negative qualities, which oftentimes result in teen car accidents in Fort Myers. Toyota is trying to help educate these young drivers, according to CNN Money.

Our Cape Coral car accident attorneys know teens and older drivers are most at risk of being involved in a car accident. Those are the drivers targeted by the Toyota study.

One of these projects, conducted at the Virginia Tech Transportation Institute, mounted cameras onto the vehicles of young drivers. The footage revealed teen drivers were making phone calls, sending text messages and putting on makeup, all while remaining completely oblivious to the surrounding traffic. Researchers even saw a teen driver get thrown through the driver’s side window because of an accident. Young drivers were also the least likely to wear a seat belt. These drivers are three times more likely to get into a traffic accident than older drivers.

Teens aren’t alone in the group of less-than-perfect drivers. Drivers age 75 and older also face a serious increase in the risks for an accident. Research concludes that with age, a driver’s ability to take in information at a glance deteriorates. Their field of vision shrinks by nearly 30 percent. These elderly motorists are unable to remain aware of the surroundings and act in a timely manner to them.

Many motorists quietly admit that distractions happen because drivers can be boring and drivers believe that they can multitask behind the wheel. Recent studies conclude that about 30 percent of all traffic accidents are caused by a distracted driver.

To help reduce these risks, Toyota teamed up with the MIT AgeLab to conduct a study that will look into the use of vehicle voice-command systems and its effect on driver distraction. Researchers are looking for ways to reduce the risks of accidents for drivers across the board.

To make sure that everyone will benefit from the study and the research, Toyota is also looking into the body decencies of elderly drivers and is conducting a number of crash tests to better adapt to their body structures.

But no amount of research will replace a safe and alert driver behind the wheel. Put down the distractions and put more of your attention on the roadway. Too many innocent motorists are injured and killed every year because of the inattention of other drivers.
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